Comments on: Vermont Irked By Revised Senate Disclosure Bill http://www.pharmalot.com/2008/05/vermont-irked-by-revised-senate-disclosure-bill/ News, Comment and Conversation Sun, 21 Mar 2010 18:19:08 +0000 http://wordpress.org/?v=2.6.2 By: Justice in Michigan http://www.pharmalot.com/2008/05/vermont-irked-by-revised-senate-disclosure-bill/#comment-357378 Justice in Michigan Tue, 27 May 2008 17:30:15 +0000 http://www.pharmalot.com/?p=13797#comment-357378 Legal sidebar - This is an example where preemption really would apply, as Ed notes in the write-up. That is because here there is a direct conflict between a state law requirement and a fed. law one. In the area of FDA preemption, there are _occasional_ such instances. But, as David Kessler noted at the hearing the other week, they are rare and certainly not encompassed by most tort liability cases. Once again, FDA itself also viewed it that way too until the current administration. Legal sidebar - This is an example where preemption really would apply, as Ed notes in the write-up. That is because here there is a direct conflict between a state law requirement and a fed. law one.

In the area of FDA preemption, there are _occasional_ such instances. But, as David Kessler noted at the hearing the other week, they are rare and certainly not encompassed by most tort liability cases. Once again, FDA itself also viewed it that way too until the current administration.

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